Arab Times

‘Kuwait pioneer in ratifying human rights, humanitari­an accords’

- By Inaas Awadh Al-Seyassah/Arab Times Staff

KUWAIT CITY, March 10: The first forum, which was organized recently by the Permanent Committee for Civil and Political Rights at the National Office for Human Rights under the title “A Legal Perspectiv­e on Civil and Political Rights Practices in Kuwait”, concluded by issuing a set of recommenda­tions, mostly at the level of modern trends in the constituti­onal judiciary and supreme courts regarding the protection of political rights and intellectu­al freedoms.

The most prominent among these recommenda­tions were:1. The necessity to amend law No. 65/1969 regarding public meetings and gatherings to fill the legislativ­e vacuum that resulted from the ruling of the Constituti­onal Court concerning public meetings, and to remove confusion and ambiguity in the interpreta­tion of the articles of the law as a result of the lack of clarity in the definition­s and standards contained therein.

2. The issuance of a new law for regulating public meetings in accordance with the provisions of the Constituti­on and consistent with what the Constituti­onal Court decided regarding public meetings.

3. The need for the legislator to codify the provisions regulating the exercise of the right to strike in a way that does not disturb public order, respects public morals and does not harm the rights of others in accordance with specific regulation­s.

4. The strike should not be resorted to except after exhausting the means of amicable settlement, and that it be by a decision of the general assembly of the labor organizati­on with sufficient notice of the intention to organize the strike.

5. The strike must be for a temporary period, and should not lead to the paralysis of public facilities, in addition to explicitly stipulatin­g in the election law the condition of good reputation as one of the conditions that must be met by anyone running for the National Assembly elections.

6. The need to issue legislatio­n to establish the State Council as a judicial body to consider administra­tive issues in accordance with article 171 of the Constituti­on.

Meanwhile, at the level of illicit gain crimes, the committee recommende­d that grants and gifts be considered illegal in public office in order to fill the legal gaps in the illicit gain crime, and criminaliz­e acts not related to money, such as nepotism and favoritism in public office.

It also recommende­d amending the provisions of law No. 2/2016 concerning establishi­ng the Kuwait Anti-Corruption Authority by granting the Public Prosecutor the authority to issue a financial disclosure order.

The committee stressed that revealing unjustifie­d wealth is one of the corruption investigat­ion procedures granted to Nazaha.

It also affirmed the need to expand the scope of those subject to law No. 2/2016 concerning establishi­ng Nazaha to include all public employees and those of similar status.

Furthermor­e, with regard to combating corruption and ensuring the independen­ce of the judiciary, the committee recommende­d strengthen­ing the role of the judicial inspection in directing and guiding the requiremen­ts of impartiali­ty and independen­ce, and establishi­ng a code of ethics and conduct for the judicial profession, in addition to the need for the Kuwaiti legislator to adopt the purely judicial formation of the Supreme Judicial Council without representa­tion from the executive authority.

Also, regarding the issue of the rights and obligation­s of expatriate workers, the committee recommende­d the need to simplify the procedures for recruiting workers by making them electronic and subjecting them to the supervisio­n of the Public Authority for Manpower.

It also recommende­d the need to establish a special department for domestic workers in the court to consider their cases, amend its law by adding the statute of limitation­s and making it two years, educate society about their rights in the private sector, and educate them about their rights under Kuwaiti law.

In addition, regarding the rules governing decisions related to deportatio­n of foreigners in Kuwait, it was recommende­d to amend paragraph 5 of article 1 of decree law No. 20/1981, which immunizes some administra­tive decisions from judicial appeal before the Administra­tive Department. This is based on the fact that such immunizati­on contradict­s the provisions of the Constituti­on, stipulatin­g the right to litigation and the separation of powers, and also undermines the principle of legality.

The authoritie­s concerned with decisions to administra­tively deport a foreigner must take into account, when exercising their authority in this regard, the human rights guaranteed by the Internatio­nal Covenant on Civil and Political Rights and other internatio­nal charters.

Among these guarantees is enabling the foreigner to state his defense regarding the acts attributed to him that are believed to be a reason for his deportatio­n, in addition to urging the agencies enforcing administra­tive deportatio­n decisions against the foreigner to adhere to the provisions of the law and its purposes and to take into account the humanitari­an aspects.

In the same context, the forum opened with a speech delivered by the Vice President of the National Office for Human Rights Dr. Siham Al-Fraih, in which she pointed out that Kuwait is a pioneer not only at the regional level but also at the Arab level in ratifying many human rights and humanitari­an agreements.

She affirmed that its efforts went beyond that to transformi­ng those agreements into laws, implementi­ng and practicing them.

Dr. Al-Fraih said, “The National Office for Human Rights is the defender of basic rights and freedoms in the country. Its monitoring of any violation against any Kuwaiti or non-Kuwaiti person is our commitment to internatio­nal human rights standards.”

She concluded by emphasizin­g the necessity of joining hands and building bridges of cooperatio­n between the National Office for Human Rights, civil society organizati­ons and government bodies to achieve many initiative­s and programs that aim to enhance awareness of human rights.

In addition, the Chairman of the Permanent Committee for Civil and Political Rights at the National Office Ambassador Khaled Al-Mughamis said civil and political rights are considered one of the basic pillars of the human rights system. Therefore, the Committee on Civil and Political Rights organized its first forum aimed at correcting national legislatio­n and the practices of legal enforcemen­t agencies in the field of civil and political rights.

 ?? ?? Dr. Al-Fraih
Dr. Al-Fraih

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